O'Brien v. Skinner

Decision Date02 November 1972
Citation40 A.D.2d 942,337 N.Y.S.2d 700
PartiesEdward F. O'BRIEN et al., Appellants-Respondents, v. Albert SKINNER, Sheriff of Monroe County, et al., Respondents-Appellants.
CourtNew York Supreme Court — Appellate Division

Ruth B. Rosenberg, Wm. D. Eggers and David N. Kunkel, Rochester, for appellants-respondents.

William J. Stevens, Michael K. Consedine, Rochester, for respondents-appellants.

Before DEL VECCHIO, J.P., and MARSH, MOULE and HENRY, JJ.

MEMORANDUM:

Petitioners, who are persons incarcerated in the Monroe County Jail awaiting trial because of their inability to make bail or serving sentences on convictions for misdemeanors, indicated their eligibility to register and vote and their desire to do so and filed their applications with the Commissioners of Elections on October 10, 1972 which was the last day for registration. The Commissioners of Elections refused to register them. Section 117--a of the Election Law provides for absentee voting where a qualified voter may be unable to appear because of a physical disability. We believe that petitioners, being so confined, are physically disabled from voting and should be permitted to do so by casting absentee ballots.

Judgment unanimously modified by directing respondents Commissioners of Elections to register such of petitioners as shall be found to be qualified, and to issue absentee ballots to them, and as so modified affirmed, without costs.

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3 cases
  • O'Brien v. Skinner
    • United States
    • New York Court of Appeals Court of Appeals
    • 3 Noviembre 1972
    ...relief to others who had not so registered, dismissing the petition as to them. On cross appeals, the Appellate Division, 40 A.D.2d 942, 337 N.Y.S.2d 700, modified, holding that because of their confinement petitioners were 'physically disabled'; hence, at least insofar as they were determi......
  • Brien v. Skinner 8212 1058
    • United States
    • U.S. Supreme Court
    • 16 Enero 1974
    ...being so confined, are physically disabled from voting and should be permitted to do so by casting absentee ballots.' 40 A.D.2d 942, 337 N.Y.S.2d 700 (1972). On appeal to the New York Court of Appeals, however, these holdings were reversed, that court 'The right to vote does not protect or ......
  • State Div. of Human Rights v. Berkowitz, Matter of
    • United States
    • New York Supreme Court — Appellate Division
    • 2 Noviembre 1972

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